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from Part II - The Age of Institutionalization
Published online by Cambridge University Press: 16 December 2021
This chapter traces the part the International Chamber of Commerce (ICC) played in the development of a modern, robust, and efficient system of dispute resolution, looking at how international commercial arbitration developed from within the ICC – how it was institutionalized. The chapter is divided into two sections. The first traces the creation of the ICC dispute resolution system. It shows that some of the founders of the ICC and its Court of Arbitration were familiar with, and may have been inspired by, the arbitration rules of other organizations. Yet the ICC was also innovatory, codifying new rules and practices, as clearly reflected in the rules used to govern arbitral proceedings. This chapter refers to all fourteen versions of the ICC Rules of Arbitration – including the amendments – from 1922 to the present. The second section explores the evolution of the ICC dispute resolution system. It describes the major shifts the system underwent in the 1920s and 1930s: from conciliation to arbitration and from equity to law. These changes reflect the ICC’s increasingly important role in the administration of international disputes.
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